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More on KentOnline
A pianist-cum-caretaker who locked a school child in the loo has lost an appeal against his sacking.
Kim Baker was working at St Thomas More Catholic primary school, in Walderslade, in 2015 when he became "somewhat despondent" with his employer after receiving a warning for misconduct.
The accomplished HAC Regimental Band musician, who worked there since at least 2008, had been giving private piano lessons during school hours - a situation which resulted in a number of incidents in which the 63-year-old left school early and seemingly in a rush.
In September 2015 he was given a warning for failing to secure the Bleakwood Road premises, this was followed by a number of minor incidents before in January 2016 he was handed a two-year written warning after again leaving early and locking a colleague in the staff toilet.
Minor misconduct again followed which was dealt with informally and in September of that year he was reprimanded having again left early.
He received a second two-year warning four months later after leaving early and not locking up.
Three months after that he had to be reminded of his responsibilities after failing to secure the gates but inadvertently locking a child in the lavatory.
Matters came to a head again in July 2017 when, angry at a decision to refuse him last-minute leave for a funeral, he dismissively threw his request in the bin.
He went anyway, in non-working hours, but despite being under strict instruction to open the school gates for 3.05pm in preparation for a 3.15pm finish he let time run away with him while playing the piano at the wake and was almost an hour-and-a-half late.
He's also taken all the school keys with him, despite a clear instruction not to.
Later that month a final incident occurred at the school fete when a door to an annexe was left open.
An independent HR expert was called in and a disciplinary hearing held during which Mr Baker suggested he would act the same in similar situations. He was fired.
He appealed against that decision, seemingly suggesting during the two-and-half hour hearing that he knew better than the school, but was unsuccessful.
But Mr Barker took matters further and challenged the decision at a tribunal
In a finding, published last week, employment judge Martin Kurrein ruled the school's decision was fair.
He said: "The respondent has satisfied me that the claimant was dismissed for a reason relating to his conduct.
"The decision in this case to dismiss was fairly and squarely within the band of reasonable responses open to any employer such as the respondent" - Judge Martin Kurrein
"The investigation of that conduct was entirely proportionate and reasonable, particularly as the claimant admitted the facts on which the charges were based.
"I have no doubt that [the governors] held an honest belief that the claimant was guilty of the charges laid against him.
"That belief was entirely reasonable, not least because of the claimant's admissions, but also because of the thorough investigation.
"The decision in this case to dismiss was fairly and squarely within the band of reasonable responses open to any employer such as the respondent.
"The claimant had been given, and was subject to, two final written warnings at the time of these further offences.
"The further offences were multiple and, in particular that in July 2017, flagrant.
"In all the circumstances of this case I find the claimant’s case is not well founded.
"His dismissal was fair. His claim must be dismissed."
Speaking today Mr Baker's wife said he would not be commenting on the situation.
The tribunal's full findings can be read here.
